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was read his miranda rights. the special agent who filed the complaint would that according to surveillance footage. younger suspect lifted the phone to his ear shortly about before the second blast. after he finishes you see people around him react to the first explosion. bomber two virtually alone in front of the individuals in front of the restaurant while he appears calm. he walks away without his knapsack, having left it on the ground where he had been standing. approximately ten seconds later an explosion occurs in that location where bomber two had placed his knapsack. and another major development, the white house said it would not designate the suspect an enemy combatant. we will have more on the legal aspect of this coming up later this hour. as of this hour dzhokhar is in serious condition. he is unable to speak because of a gunshot to the throat which we believe was self-inflicted. he's communicating by writing and nodding his head. as authorities move forward in a of in their investigation, tritening information about the radical past of the brothers is in fact emerging. both t
made without a miranda warning or made while he's not really competent between times when he's sedated and not sedated. so they may be risking their death penalty, but they may be doing it for a good reason. they may need realtime intelligence, but i don't think that the public safety exception will stand up for allowing them not to have given the miranda warnings. >> fascinating. in fact, i have a lot of questions about that i'm going to get to. and actually i want to bring in another colleague as well right now. steve razor is a former military judge advocate general and knows a thing or two about this military issue. typically, steve, we hear about a 48-hour window and this is a very new area of justice. this has only been in sort of parlay for the last couple of years. we are far outside of that 48 hours by today. but can it be extended in the case of public safety? and exactly when can you establish that a public safety exemption has expired or is no longer of concern? how long can you keep him from getting miranda? >> well, there's no hard and fast rule on that. and that's exactl
to the miranda rule. they've not advised him of his rights. so they can only ask about potential threats to public safety. were there other conspirators, other bombs out there, any reason to believe that public safety is in any way jeopardized. >> pete, one of the persons cited in terms of this idea that there may have been more violent plans on order at the hands of the brothers is this person who was hijacked by the brothers on thursday night. and the driver of a mercedes suv. we know that he's been cooperating with police. is there anything else that we know about his involvement in all of this? >> yeah, the business about new york is very iffy, frankly. i've emailed briefly with this person. he claims that he escaped with they stopped at a gasoline station. but he's also told the police that he was told by these two men, that they were the marathon bombers. but that they were not going to kill him because he was not an american. what he told the police was, that he thought they were speaking arabic. that's probably not the case, they were probably speaking russian or some dialect. an
't -- he shouldn't be mirandaized right away. i know you agree with them. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were pl
, everyone grows with racle-gro. >>> there was no miranda warning given. that they were claiming a public safety exception. could we get an explanation for that. >> there is a public safety exemption in cases of national security and charges involving acts of terrorism and so the government has that opportunity right now, though i believe that the suspect has been taken to a hospital. >> you heard it right there. no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it
him before he receives miranda warning is the right thing to do. a short time ago, the aclu put out a statement saying every defendant is entitled to defend miranda lights. five lawmakers want him treated as an enemy combatant. 53 people remain in boston hospitals today, three in critical condition, including a 7-year-old girl. nbc news national investigative correspondent michaels i cough is in boston, ron allen outside boston's beth israel medical center where the suspect and many of the victims are being kept and kristen we willinger at the white house, let's get to the latest on investigation. for that, we turn to michaels i cough, again, in boston. what is the fbi focusing on today and moving forward? >> reporter: federal prosecutors are focusing on drafting a criminal complaint we could see as early as this afternoon, detailing the criminal charges against him supported by an affidavit from an fbi agent that would lay out some details of the plot. not all of them but could provide crucial new information for us about what tsarnaev actually did and raise and shed some light on
understand if he is indeed conscious and does survive before reading him miranda rights; is that correct? >> i believe molly line will be talking about that a little bit as well. there is a loophole. there is a way they don't have to. so he was not read his miranda rights to allow to ask questions of him. we don't know if questions have been asked. they may have asked questions of him when he was under the situation he was in, of course being pretty seriously injured. they do believe he is going to make it. that was something, not only important for them to do that because that is what we do in this society but important because of this investigation. last night we were told he was being brought here for treatment. we weren't too far behind the ambulance. as you made your way through boston, you could see many of the businesses reopened. you saw restaurants and bars reopened. at one point there was a small college and 500 students had gone into the streets and blocked off all four lanes cheering, holding signs and as first responders and medical teams came through that had nothing to do
given all that's transpired over the last week. >> he was not read his miranda rights which a lot of people are talking about today. explain the reason why. >> well, in the law there's what they have called a public safety exception to miranda. everybody knows what miranda is. you have the right to remain silent. anything you say can and will be used against you. the police don't have to say that to you if they are in hot pursuit of something relating to public safety. maybe worried about bombs in this case. they're worried about another plot or something else happening. so under those circumstances authorities do not have to give the miranda warning immediately to a suspect. a lot of people out there saying on the right that they ought not give miranda rights or any other kinds of rights to people who are deemed terrorists. people on the left saying you ought to use the regular court to try to try these individuals. this is an ongoing debate about the law in this country. >> let's talk about the penalty that the younger suspect may face. we're still waiting for charges to be file
are not reading his miranda rights and what this means for you, when we come back. mb luck? or good decisions? ones i've made. ones we've all made. about marriage. children. money. about tomorrow. here's to good decisions. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. ready to plan for your family's future? we'll help you get there. your doctor will say get smart about your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. [ children laughing ] ♪ ...is the smell of salt in the air. ♪ it's the sound a seashell makes. [ seagulls calling ] away...is a place that's beyond your imagination, yet well within your means. find your away. for a dealer and the rv that's right for you, visit gorving.com. >>> usa! usa! usa! usa! usa! usa! usa! >> that was the streets of boston and surrounding towns last night, clearly people so excited that
enforcement. we know that doesn't quite work for several reasons. one, there is an exception in the miranda rights. when a suspect is read their rights by the police, we're talking about a miranda warning. there is a provision that allows in case law that allows for law enforcement to wait if they think there is a national security threat or a danger to the public until they've talked to the person and established there isn't a danger to the public or gotten the information they need. then they can read the miranda rights. that's what the fbi has done in this case. that's what they did in the new york time square bomber. that worked quite well. they talk to him for a while before they read him his rights. then they read him his rights. he kept and he provided very valuable information. we know that the traditional civilian court system founded by the founding fathers can work in this situation. >> let me ask you a couple questions. if the russian government was so concerned about tamerlan as to alert our fbi and our government, and warrant an investigation of him, why are we so sure that dz
by federal authorities. but in the beginning, he will not be given the usual miranda warning about the right to remain silent. instead, the government will invoke a rule that allows questioning a suspect without giving advice of rights. >> there is a public safety exemption in cases of national security, and central charges involving acts of terrorism, and so government has that opportunity right now. >> the government invoked that same rule in the case of the so-called underwear bomber. as in his case, it allows questioning to learn of any potential plots or accomplices that could present a continuing threat. >> the first questions the fbi will focus on are specific threats that he might be aware of. likely, are there any other improvised explosive devices? were there other people working in the network? the sorts of things that go directly to whether or not there's a continuing threat to public safety. >> reporter: he'll face charges brought by the justice department, because terrorism is a federal crime with a trial in a regular civilian court. and as in other high profile terrorism cases
in that ambulance and they have to start really talking to him. he's going to have to be on a miranda warning then they're going start to have the process of getting some preliminary statements from him. one thing they may do in a case like this is to get a public safety statement. sometimes that can be done beforehand to say the we need to know about what danger might be out there. is there a bomb in the boat? are there any other explosives hidden somewhere else? is there anything that creates a hazard. at that point he'll get his medical treatment at the hospital to determine how viable he is to be questioned. and then d on his condition maybe presented for a hearing in federal court where they'll start the outline of what he is charged with. in the meantime that has to do with the suspect. that boat is a grand new crime scene. that means that they will have to process that. the bomb squad will have to go in it, go over it and make sure there's no devices, explosives or anything or weapons inside and then ert, the evidence response team, will have to process that boat for evidence. >> pelle
negotiation with the fbi he gives himself up. >> right. >> they arrest him. they don't read him his miranda rights. explain. >> i'm not great on this. my understanding with the fbi and the federal authorities is that it's a terrorist act that they don't get certain rights that the rest of us would be afforded. they wanted to make sure that if we did speak with him that he wouldn't be given his miranda rights and something else kicked in. he was just -- >> you were told this in advance. if you found the guy, your officers are not going to read him his miranda rights. >> this never played out. there was no interviewing at the scene. he needed aid. >> he was in no position to talk. >> exactly. >> he was a very weak -- did he mumble anything? did he say anything? did he give any political statements? >> my understanding is he didn't have anything to say. i don't know for sure. >> what about during the 20-minute negotiation with the fbi when they were working out his surrender? did he make any statements that could be useful? >> no. i'm not aware of any statements. i think it was more he was fin
but in the beginning he will not be given the usual miranda warning about the right to remain silent. instead, the government will invoke a rule that allows questioning a suspect without giving advice of rights. >> there is a public safety exemption in cases of national security and potential charges involving acts of terrorism and so the government has that opportunity right now. >> reporter: the government invoked the same rule in the case of the so-called underwear bomber. as in his case it allows questioning to learn of any potential plots or accomplices that could present a continuing threat. >> the first questions the fbi will focus on are specific threats that he might be aware of likely are there any other improvised explosive devices, other people working in the network. the sorts of things that go directly to whether or not there's a continuing threat to public safety. >> reporter: he'll face charges brought by the justice department because terrorism is a federal crime with a trial in a regular civilian court. and as in other high profile terrorism cases, some republicans in congre
. deciding how to charge the 19-year-old suspect. he was not read his miranda rights. will he be charged under military or civil law? more ahead. 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! [ construction sounds ] ♪ [ watch ticking ] [ engine revs ] come in. ♪ got the coffee. that was fast. we're outta here. ♪ [ engine revs ] ♪ how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed: the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of the
suspect as enemy combat tant. remember, he wasn't read his miranda rights. what would it mean? and why is it important? the constitutional attorney will weigh in on this when we come back. morning, brian! loveour passat! um. listen, gary. i bought the lt one. nice try. says right here you can get one for $199 a month. you can't believe the lame-stream media, gary. they're all gone. maybe i'll get one. [ male announcer ] now everyone's going to want one. you can't have the same car as me, gary! i'm gett' one. nope! [ male announcer ] volkswagen springtoberfest is here and there's no better time to get a passat. that's the power of german engineering. right now lease one of four volkswagen models for under $200 a month. visit vwdealer.com today. the battle of bataan, 1942. [ all ] fort benning, georgia, in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve the military, veterans, and their families is without equal. begin your legacy. get an auto-insurance
to be arraigned. >> so at this point, i assume what he's been read his miranda rights. at which time does he get council? >> he will get council more or less immediately if he asks for it. certainly he will be read his miranda rights. since this was an nbi arrest, he will be read his miranda rights. he doesn't have to ask for a lawyer, he could mamake statements that could later be used against him. you can ask for an attorney or you can make a statement. >> let me jump in here i want to check in with john king. john you're hearing more from -- >> i just want to pass along information from our producer carol credy. two federal law enforcement officials have confirmed to her they have identified the identity. it is the younger brother suspect number two that is in custody. now they say federal officials have verifieded the identity. the official i communicated with said in custody, unspecified medical needs. they are now sweeping the area. >> bryan, what are you seeing. what did you see go down? >> anderson we just observed the scene from a rooftop probably 500-yard away from the backyard area. i
not get his miranda rights. >> among of group of republicans calling for the boston bombing suspect to be considered an enemy combatant. that means he would not have the same constitutional protection as a regular citizen, with regard to what he says as the investigation moves forward. will this happen? california congressman, a senior member of the intelligence committee. congressman, always good to see you. i know that you disagree with the congressman and think that the suspect is in custody. is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will have to be mirandized, doesn't mean the end of cooperation, but no basis yet to conclude they should be trea
analyst. the 19-year-old has not been read his miranda rights. why does this matter what has it allowed for? what is the issue here? >> a lot of variables here, the question is he in any kwan condition to answer questions with or without miranda? what is his health situation? also, even if he doesn't get miranda warnings, he may decline to answer questions in any case. they can't force him to answer questions, but if he does not receive miranda warnings and if he then anticipates questions those answers cannot be used in a criminal case against him. they can be used for intelligence gathering. they can be used if there are other conspirators who may be prosecuted, can't be used against him. other evidence can be used against him. may be lots of other evidence. if you don't get miranda warnings, your statements i can't be used against you. >> so this is a sensitive issue. another sensitive issue raised by republican senators, lindsey graham, kelly ayotte, peter king, they released a statement, the suspect, based upon his actions, clearly is a good candidate for enemy combat tant status.
shouldn't be mirandaized right away. i know you agree with them. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense
gathering purposes since he's been president. when we read these people their miranda rights and give them a lawyer the only way you can gather intelligence is if the terror suspect and the lawyer will allow you to do so. intelligence gathering through plea bargaining is not going to make us safe. jenna: so we spoke to a former member of the fbi on our show yesterday that seems to not have a problem with miranda rights, that is their opinion. we'll see what they get as far as information from this one suspect. >> can i mention something. jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to
's been read his miranda rights and at what point does he get counsel? >> he will get counsel more or less immediately, if he asks for it. certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john king. >> -- he will either speak to -- >> john, you're hearing more? >> i just want to pass along information from our producer, who says two federal law enforcement officials have confirmed to her they have verified the identity. it is the younger brother, suspect number two, in custody. it is now they say federal officials verified the identity and have no doubt. as i said earlier, a federal official i communicated with said in custody, unspecified medical needs and they
the time, the suspect is arrested he is read his miranda rights wu yo have the right to be silent, you have a right to an attorney. when he was captured last night he was not read his rights. we're asking why and what it could mean. welcnew york state, where cutting taxes for families and businesses is our business. we've reduced taxes and lowered costs to save businesses more than two billion dollars to grow jobs, cut middle class income taxes to the lowest rate in sixty years, and we're creating tax free zones for business startups. the new new york is working creating tens of thousands of new businesses, and we're just getting started. to grow or start your business visit thenewny.com >>> all right. i want to bring the live pictures now from m.i.t. it's from that m.i.t. officer, sean collier, 26-year-old old. there's the memorial service going on. we saw the hearse earlier. we had a moment of silence for him as i was going down the street. thousands 0 people are showing up. the 26-year-old officer lost his life on saturday -- on friday during a chase and then also it is believed that the
as a criminal, read his miranda rights and have his right to a lawyer, or should he be treated as an enemy combatant with no such protections? >> i believe very strongly the former. i believe that's the only legal way to proceed. i do not believe, under the military commission law, that he is eligible for that. it would be unconstitutional to do that. let me say this, chris. one of the great things about america is that we come together at times of trial. i very much regret the fact that there are those that want to precipitate a debate over whether he's an enemy combatant or whether he is a terrorist, a murderer, et cetera. federal law, we've had 435 terrorist convictions under federal law. we've had 100-plus arrests. there have been maybe half a dozen under the military commission. it is really very clear to me that the course that can be taken -- you've got the high value interrogation group. they're skilled. they know how to do this. the miranda right can be read at a later time. he has reportedly been shot through the throat. he's intubated. he can't talk now. so there is time to do t
, survived. he's an american citizen. natural i naturalized 9/11 of last year. should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as lindsey graham are -- we understand, they say, we understand he's going to be tried in civilian court but start the questioning -- treat him as an enemy combatant under the law of war. question him by intelligence people. get all the intel you can. then turn him over to the civ civilian authorities. that's what they advocate. that's not going to happen, the administration has decided. he'll be questioned first by this special group set up in the last couple of years in terror cases called the high value detainee interrogation group,
of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states, the plot said to have an alleged connect
okayed the suspension of the suspect's miranda rights. is that a temporary suspension? >> reporter: yes, by law it is. it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrog
's before he gets the miranda rights. the fact that he can't speak right now, does that push back that window of time because they're not getting anything from him? >> that's a good question that i won't speculate on without a legal background. i'll leave that one up to the master pete williams. but i can imagine there's got to be some sort of gray area there that some lawyer could look at. on that point, though, i think it's interesting, where we've gone now from, alex, is we've gone from this, all right, what exactly happened, to these real sort of questions surrounding the national security of this country, and how exactly these two individuals were able to go forward with what they ultimately accomplished. so this morning, sort of around that point, talking to folks related to the house homeland security committee, they say they really want to sort of get this investigation rolling on why these two individuals seem to have slipped through the u.s. intelligence community, especially after that information reported yesterday that the russians were concerned about the older broth
miranda rights. >> >> not not at all. he'll be entitled to his american rights and i think if we don't do that, we become less of ourselves. we are americans. we have beauties in this system. we some problems in the system. i think if we do anything other than embrace what america is all about, then the terrorist would have won and i think that is the absolute wrong thing to do. >> congressman, thanks so much. good to see you. appreciate it. >>> we know now that 19-year-old dzhokhar tsarnaev will face federal terrorism charges and with all the photographs and video, is the case a slam dunk for prosecutors? we'll look into that next. i have low testosterone. there, i said it. how did i know? well, i didn't really. see, i figured low testosterone would decrease my sex drive... but when i started losing energy and became moody... that's when i had an honest conversation with my doctor. we discussed all the symptoms... then he gave me some blood tests. showed it was low t. that's it. it was a number -- not just me. [ male announcer ] today, men with low t have androgel 1.62% (testosterone gel
miranda rights? >> yes, that's my view. >> so that changes nothing in view of their ability to interrogate? >> what it changes is their ability to question him and use any statement that he makes. that they're not allowed to do. >> he is apparently claiming -- >> they don't need that in this case. they got a mountain of evidence against this guy. >> right. they have testified it seems against him and his brother for the act they perpetrated. >> correct. >> what they will i'm sure be extremely curious to find out if they can is are they part of a wider group of either like-minded individuals who have been coordinating themselves reading stuff on the internet, videos and so on, which apparently is what he's claiming. whether they're attached to anybody in chechnya, for example, or islamic fundamentalist nature, et cetera, et cetera, how far can you go in terms of eliciting that information from somebody like him in his position once he's had his miranda rights read to him as he now has? >> my view is you can go as far as you think it's productive to go. however, i don't think it's terribly p
-called public safety exception to the miranda rule where for some period of time, it's not entirely clear how long, a suspect can be questioned without miranda warnings and that apparently is what's happening here. again, it's complicated somewhat by the fact that we didn't know exactly what tsarnaev's medical condition is and how many questions he can answer. apparently he's answering some questions in writing. so i don't really see lindsey graham's proposal as all that differentwhat's going on now. he seems to suggest a longer process of questioning him, but the obama administration has also committed to some period of questioning. now, this all assumes that he's willing to answer questions. can he always samp simply say it answering questions and there is no way either under enemy combatant rules or in the criminal justice system to force someone to answer questions who doesn't want to answer them. >> the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there
to interrogate him without reading his miranda rights. the suspect's brother was killed by police earlier on friday. >>> china was hit by an earthquake this morning killing at least 124 people. it struck around 8:00 this morning. the death toll is expected to rise higher. the quake was a magnitude 7 and hit the hills of leshan county forcing people to run into the streets. medical teams are responding to the thousands injured. >>> a man convicted of setting a fire at a school in 2010 has been sentenced. kliefert guiang was sened to 10 years in prison yesterday. lazarus reville police was given an 8-year sentence. both punishments include a 4 year enhancement. a new two-story classroom facility was opened at the start of this school year. >>> it is just about a quarter after 7:00. the beginning of a beautiful day. just the beginning of it. >> yeah, pretty lousy week last week. you know, this weekend we've got some nice weather to get out and enjoy things a bit out here in california. we have temperatures that are going to top 80s in some parts of the inland areas. only 60s along the shorel
. they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do they get the radicalization? >> he so
news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and those involved in tracking tsarnaev down. >> americans refused to be terrorized. ultimately, that's what we'll remember from this week. that's what will remain, the stories of heroism and kindness, resolve and resilience, generosity, and love. >> authorities caught up with the suspect after a tip from a watertown resident. he was hiding in a boat parked outside a home. he is now in a boston hospital and nbc's ron allen is joining me from there. ron, with a good afternoon to you, let's get the very latest on his condition. are you getting word from the hospital or are they staying somewhat silent on that? >> reporter: absolutely silent, alex.
dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
, let me come over to you, a lot of talk about miranda. but give me a sense of what the leeway is especially in situations like this, after acts like what happened here at the marathon. >> well, it is yesterday's news. he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me d
was provided before or after that judge/magistrate was there and r read him his miranda rights? the right to remain silent and the right to have an attorney? >> sources have indicated to us that was part of a questioning that they did under the -- fbi agent does under a national security exemption, before he was assigned counsel. they had the ability in the interest of public safety exception to be able to ask questions, were there additional coconspirators, where and were there additional explosives. the source of things you want to know immediately in order to protect the public. presumably base wanted on what we are hearing, those are the questions they asked and the kinds of responses prior to the first appearance yesterday. >> that would fit in with the public safety exception in the there a in providing the miranda rights to this criminal defendant as he now is, charges have been read to him. fran, we'll stay in close touch with you, fran townsend. much more from boston in just a moment. other news that we're watching as well. the fbi, back in washington, up on capitol hill, lawmake
a former federal prosecutor. we now that dzhokhar, suspect number two, has been read his miranda rights. sow won't be designated as an enemy combatant. but if he was labelled an enemy combatant, he wouldn't have been entitled to a lawyer and a jury trial. they could have asked him a lot of other questions without a lawyer present that may or may not be relevant to national security. now why did they make this decision not to go for enemy combatant status? do they think they have so much evidence in this case that they can go ahead with the civilian jury trial and they don't need to hide behind enemy combatant? >> i think that is certainly part of it. it does look like an overwhelming body of evidence. more than that, they thought they could get the immediate information they needed by the miranda exception, the public safety exception so they could make sure the public was safe. there accident seem to be an constitution aal basis to treat someone that commits a crime like this on our soil. the supreme court has upheld treating an american, the american taliban hamdi captured in afghanis
should happen to boston bombing suspect dzhokhar tsarnaev. >> miranda warnings is probably a tem pet pest in a teapot here. the 2013 lexus gs. this is the pursuit of perfection. it's easy to follow the progress you're making toward all your financial goals. a quick glance, and you can see if you're on track. when the conversation turns to knowing where you stand, turn to us. wells fargo advisors. where you stand, turn to us. ♪ beep beep what?a score alert ♪if you set your phone to vibrate ♪ ♪ then it might alert your button flies all the ♪ ♪ girls and the guys wanna keep that credit score ♪ ♪ high like a private jet free-credit-score-dot-com ♪ ♪ don't forget! narrator: offer applies with enrollment in freecreditscore.com [ female announcer ] from meeting customer needs... to meeting patient needs... ♪ wireless is limitless. ♪ from finding the best way... ♪ to finding the best catch... ♪ wireless is limitless. ♪ hwelcome back.. nice to see you again! hey! i almost didn't recognize you without the suit. well, this is my weekend suit. weekend getaways just got b
are told he had not been given his miranda rights. do you have any sense of whether he has this morning or how soon it will be before he does receive them? >> the -- the decision not to read miranda rights was made by the federal officials. this is a unique clause to the terrorism law that we've not dealt with at the local level before. so, we are standing by and watching that at this point in time to see how that develops. but, the lawyers are involved in the decision, and certainly we're very anxious to talk to him, and the investigators will be doing that as soon as possible. >> commissioner over the weekend i heard you say you believe you found evidence your offices did you believe that these brothers were planning some kind of another attack, or at least prepared for it. tell us about that. >> the two suspects were armed with handguns at the scene of the shoot-out. and there were multiple explosive devices, including a large one that was similar to the pressure cooker device that was found on boylston street. i saw that with my own eyes. i believe that the only reason that someone
interrogation team is standing by to question him. they'll question him without reading him the miranda rights. invoking a rare public safety exception they only have a few minutes. >> 50 minutes approximately. this is a bit controversial. we'll see how they proceed with that. we're expecting files to be charged soon, perhaps as early as tuesday. he could be charged with using weapons of mass destruction. this 19-year-old could be facing the death sentence. several public defenders have offered to represent him. we'll see if it comes to that or if he hires his own attorney. >> we have team coverage this morning and we start with abc's byron pitts in boston. good morning, byron. >> reporter: good morning, bianna. six local boston churches will hold an interfaith service later today for the victims and survivors of monday's bombings. meantime, law enforcement is focused on suspect number two, here at beth israel hospital. this morning, police and federal agents are anxiously waiting to question the man who sparked nearly a week-long man hunt. that ended in a spray of bullets. overnight this new
the question this is exactly the whole issue going back to the miranda, if he had the public safety concern of what were those explosive devices intended for? that's one of the reasons they wanted to talk to him or one of the things thaw wanted to talk to him about at the time before they realized how severely hurt he was. it absolutely proves the point there could have more more attacks planned or another person who was a part of it who maybe at the last minute didn't do it. another reason to think there was more planned is maybe that's why they didn't kill themselves at the time of the marathon attack. they wanted to live to attack another day. >> jeff, somebody must have trained them. can you learn to build a bomb by yourself just by going to the internet and going out there, go to a home depot and buying this kind of stuff? >> you could try to learn, but what you would certainly want to do is rehearse. you don't want to go through the operational energy that it would take to mount an attack like at the marathon without having a fair degree of confidence that your device is going to work
without being given his miranda rights as a matter of public tors are looking overseas for answers specifically want to know more about the older tsarnaev, the brother, who recently went to russia and how that might have changed him. abc reporter is in dagestan where the family has roots. >> reporter: last year, tamerlan tsarnaev traveled here to his old home in a region home to an islamist uprising. investigators want to learn if it was during that trip he became radicalized. family who saw him then, told us they saw no signs of extremism. there was no feeling that he could be, his aunt said, it's not possible. she showed us photos of the suspects as young boys. they were very kind boys, she says. tamerlan came here to renew his passport. the aunt says he stayed to train as a boxer. she said he prayed at the mosque on fridays but denied they fought over religion. we would debate with him. but not fighting. tamerlan spent six months and visited chechnya three times to visit family and also choosing to fly home from the chechen capital. younger brother, dzhokhar was expected to visi
the 19-year-old his miranda rules. there is a right for his to remain silent and right to attorney if there is a continued threat to public safety. the aclu says that the public safety exception should be read narrowly and denying the rights is un-american. professor from uc berkeley says that the first questions that are posed will have to do with with the motive. >> first psychologically, and some wayward nut like columbine or some of the school shooters have been or what are the linkages, and what is this guy -- who has he been linked up to? >> most experts think that the case will be tried in federal court, and pros ecutors will mot likely charge him with use of weapons of mass destruction which could make the case eligible for capital punishment. coming up at 6:00 on the bay, thousands of runners are taking to the streets in london for a marathon and the first since monday's attacks. we will look at the security measures and how the runners are honoring the boston victims. >>> and scary moment as the body of a racecar goes flying into the stands. what officials say caused the
now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration violations and they apparently are friends of tamerlan tsarnaev. can you tell me any more about that? >> these are people, i presume he is talking about people detained in new bedford, massachusetts on friday evening. the fbi has been trying to investigate whether they had any knowledge of this. whether they had any role in it. they seem to have concluded that they don't. but they're being held for now on immigration charges pending further investigation. >> and before i let you go, i know you have more to cover. 2009, this police report of tamerlan tsarnaev being arrested on domestic violence allegations. that has bee
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